CONTRACTUAL ASSUMPTION OF
RISKS AND LIABILITY WAIVER AND RELEASE AGREEMENT
ACKNOWLEDGEMENT OF RISKS AND LIABILITY WAIVER AND RELEASE AGREEMENT
For purposes of this Agreement, “ChoZen Retreat” means ChoZen Retreat, LLC, and “CCRL” means The ChoZen Center for Regenerative Living, Inc., a Florida not-for-profit corporation recognized as a 501(c)(3).
Preamble and Attestation
Welcome to ChoZen Retreat and CCRL. We are honored to host you in this special space. Before you participate, it is vital that you understand the terms of this legal agreement:
You are responsible for your own health and safety.
We operate in a natural wilderness preserve with inherent risks (wildlife, plants, physical activities).
By signing this document, you agree not to hold ChoZen Retreat and CCRL liable for injuries, illness, or damages.
You also agree to follow all community guidelines.
This waiver protects ChoZen Retreat and CCRL so we can continue our mission. Please read the full document carefully and sign below.
This Agreement constitutes a single, integrated agreement between the undersigned and the Released Parties. In consideration of being permitted to enter and remain on the property and facilities, and to participate in events, programs, volunteer activities, services, and Activities (as defined below), the undersigned agrees to all terms of this Agreement. This Agreement also includes the cancellation and refund policy applicable to events and overnight stays at ChoZen Retreat and CCRL.
Section 1: Definitions and Applicability
This Agreement applies to every individual, including all guests, volunteers, program attendees, visitors, contractors, and other persons, entering or utilizing the property and facilities of ChoZen Retreat or CCRL (each, a “Participant”).
For purposes of this Agreement, the “Released Parties” means (i) ChoZen Land, LLC, (ii) ChoZen Retreat, LLC, (iii) CCRL, (iv) The ChoZen Center for Regenerative Living, Inc., and (v) Cho BTR II, LLC, and each of their respective owners, members, managers, officers, directors, employees, agents, volunteers, instructors, independent contractors, representatives, affiliates, successors, and assigns.
This Agreement applies to all entry upon, presence at, and use of any land, buildings, trails, docks, waterways, access points, facilities, amenities, equipment, or services associated with any Released Party, and to all events, programs, volunteer activities, and activities conducted on or in connection with such premises.
Section 2: Assumption of Environmental and Activity Risks
A. Environmental & Wildlife Risks (Liability Waiver)
ChoZen Retreat and CCRL run a wilderness eco-retreat dedicated to conservation. You acknowledge that the land has inherent natural dangers and assume all risks associated with:
Wildlife Encounters: Venomous snakes, poisonous plants (e.g., poison ivy/oak), alligators, bobcats, wild boar, and other dangers.
Pest and Insect Risks: Being stung by bees, wasps, hornets; being bitten by red ants, spiders; and exposure to airborne allergens.
All Participants come to ChoZen Retreat and CCRL at their own risk and assume full responsibility for their health, safety, and well-being. You knowingly, voluntarily, and expressly assume all risks, whether known or unknown, inherent or non-inherent, arising out of or related to environmental conditions, wildlife, plants, terrain, weather, facilities, equipment, other participants, third parties, and the acts or omissions of any Released Party, to the fullest extent permitted by Florida law.
B. Activity Risks
ChoZen Retreat and CCRL offers various Activities, including excursions, physical fitness classes, spa services, nature tours, kayak tours, farm/garden work, cacao rituals, ecstatic dance, and boat tours (the “Activities”).
You acknowledge that participation involves the risks of physical injury, serious physical injury, or death, and you accept all risks, including, but not limited to:
Physical exertion, dehydration, heat exhaustion, or musculoskeletal strain.
Injuries from tools, equipment, or physical labor in the garden/farm.
Weather-related risks, including storms and lightning.
Injuries resulting from unforeseen incidents during tours, classes, or ceremonies.
You knowingly, voluntarily, and expressly assume all risks, whether known or unknown, inherent or non-inherent, arising out of or related to your participation in any Activity, including risks arising from the acts or omissions of any Released Party, to the fullest extent permitted by Florida law.
C. Aquatic and Wellness Facilities Risks
“Aquatic and Wellness Facilities” means the Pool, Spa, Jacuzzi, Cold Plunge, and Infrared Sauna.
At no time is there a lifeguard or supervisor on duty at the Aquatic and Wellness Facilities. You are responsible for your own safety and that of all persons using these facilities.
You understand that use involves inherent risks, including but not limited to: slipping, falling, drowning, overheating, thermal shock, hypothermia, cardiac issues, burns, and adverse reactions.
Behavioral Restriction: You agree and confirm that no one may enter or utilize the Pool, Spa, Jacuzzi, Cold Plunge, or Infrared Sauna while under the influence of alcohol, intoxicated, heavily medicated, or otherwise impaired, as this significantly increases the risk of serious injury or death.
ChoZen Retreat and CCRL does not supervise use of the Pool, Spa, Jacuzzi, Cold Plunge, or Infrared Sauna. You assume full responsibility for supervising all persons accompanying you who use these facilities, including minors and invitees, and acknowledge that the Released Parties have no duty to provide lifeguards, monitoring, or supervision.
D. Boating and Watercraft Risks and Waiver
ChoZen Retreat and CCRL may offer or facilitate access to boating, watercraft, and water-based activities, including boat tours, kayaking, canoeing, paddleboarding, and transportation by vessel (collectively, “Boating Activities”). You understand and acknowledge that Boating Activities are potentially dangerous and involve risks of serious injury, death, or property damage. These risks include, but are not limited to: capsizing; collision with other vessels or fixed objects; falls overboard; drowning; exposure to weather, wind, waves, currents, and lightning; hypothermia or heat-related illness; equipment failure; operator error; slips and falls on wet or unstable surfaces; marine life encounters; and delayed access to emergency services.
You represent that you are physically and mentally able to participate in Boating Activities and that you will follow all instructions and safety rules, including the use of any required personal flotation device. You knowingly, voluntarily, and expressly assume all risks, whether known or unknown, inherent or non-inherent, arising out of or related to any Boating Activities, including risks arising from the acts or omissions of any Released Party, to the fullest extent permitted by Florida law.
Section 3: Community Guidelines and Medical Acknowledgments
A. Community Guidelines
You agree to abide by the following community guidelines and behavioral requirements:
Substance Use: No alcohol, illegal drugs, or smoking is permitted on the property.
Respect: Respect all people, animals, and nature at ChoZen.
Communication: The Volunteer WhatsApp is for coordination and community use only, not personal promotion.
Conduct: Please keep the retreat atmosphere peaceful and regenerative.
B. Medical Acknowledgments (No Medical Advice)
You understand that any information provided is for educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. You should consult your physician or other health care professional before participating in any Activity to determine whether it is appropriate for you. Do not participate in any Activity if your physician or other health care professional advises against participation. If you experience faintness, dizziness, pain, or shortness of breath at any time, you should stop immediately and ask for assistance. ChoZen Retreat and CCRL do not provide medical screening, fitness evaluations, supervision, diagnosis, or treatment. You acknowledge that the Released Parties do not determine your fitness to participate in any Activity and assume no duty to do so.
You agree to follow staff directions during emergencies.
You consent to receiving basic first aid or emergency medical care if necessary, at your own expense.
C. COVID-19/Contagious Illness Acknowledgement
Because ChoZen Retreat and CCRL is open to the public, you recognize that there is an inherent risk of contracting COVID-19 or any other contagious illness. You acknowledge this risk and assume full responsibility for your health and safety related to any such illness.
Section 4: General Release, Indemnification, and Compliance
A. Release and Covenant Not to Sue (Florida Law Compliant)
By signing this Agreement, each Participant declares that they have read the foregoing document. You, for yourself and for your heirs, next of kin, executors, administrators and assigns, hereby agree to, and hereby do, fully release the Released Parties from any and all claims, demands, and causes of action of any kind, whether known or unknown, anticipated or unanticipated, arising out of or related to your presence at, entry upon, or use of any premises, facilities, amenities, equipment, services, or Activities associated with any Released Party (the “Claims”).
You agree NOT to sue any Released Party for any Claims, even if the Claims arise from the carelessness or negligence of any Released Party or anyone else. YOU AGREE NOT TO SUE ANY RELEASED PARTY FOR ANY CLAIMS, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF ANY RELEASED PARTY, TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW.
B. Indemnification and Jurisdiction
You further agree to indemnify and hold harmless each Released Party from any loss or liability (including legal fees they may incur) defending any Claim made by you or anyone making a Claim on your behalf. This indemnification includes attorneys’ fees and costs and applies even if the Claim is alleged to or did arise from the negligence of any Released Party, to the fullest extent permitted by Florida law. The parties WAIVE THE RIGHT TO TRIAL BY JURY for any suit brought against any Released Party. Venue and jurisdiction shall lie exclusively in Miami-Dade County, Florida. The parties waive forum non conveniens. This Agreement shall be governed by and construed in accordance with Florida law. If any party or third-party beneficiary is required to enforce this Agreement, the prevailing party shall be entitled to recover all attorneys’ fees and costs.
C. Photo/Video Release
You grant the Released Parties permission to use your likeness in photos, videos, and other media for educational and promotional purposes, without compensation, and you release the Released Parties from any claims arising out of such use, to the fullest extent permitted by Florida law.
D. Minors
If you are signing on behalf of, supervising, or accompanying a minor, you acknowledge that Florida law does not permit a parent or guardian to waive a minor’s personal injury claims in advance. You agree to supervise all minors at all times while on the premises and during any Activities, and you assume full responsibility for the conduct and safety of any minor accompanying you.
E. Severability
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Section 5: Cancellation and Refund Policy; Force Majeure
A. Community Events
Cancellation Period:
Cancellations made more than 60 days prior to the scheduled event date will be eligible for a full refund.
Cancellations made between 30 and 60 days prior to the event will receive a 50% refund.
Cancellations made within 30 days of the event are non-refundable.
Transferability: Registrations are transferable to another individual for the same event without penalty, provided notification is given at least 14 days before the event.
B. Overnight Stays
Cancellation Period:
Overnight stay cancellations made more than 30 days prior to the scheduled arrival date will be eligible for a full refund.
Overnight stay cancellations made within 30 days of the scheduled arrival date are non-refundable.
No-Shows: Guests who do not arrive on the scheduled check-in date without prior notification will be considered a “no-show,” and the reservation will be forfeited with no refund.
Early Departures: No refunds will be provided for early departures. The full booking amount will be charged.
C. Force Majeure
In the event of unforeseen circumstances, such as natural disasters, pandemics, or other force majeure events, the Released Parties reserve the right to modify, reschedule, or cancel events and reservations. In such cases, Participants will be offered the option to transfer their registration or reservation to a rescheduled date or receive a credit for a future event or stay.
D. General Terms
All cancellations and refund requests must be made in writing to hospitality@chozenretreat.com.
Refunds will be processed using the original payment method.
The Released Parties reserve the right to amend this policy at their discretion.
Section 6: Acknowledgment
THIS AGREEMENT INCLUDES A RELEASE OF CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES AND A WAIVER OF THE RIGHT TO SUE AND TO A JURY TRIAL. PLEASE READ CAREFULLY BEFORE SIGNING.
Section 7: Signature and Required Acknowledgments